Court of Appeals of Ohio, Fifth District, Coshocton
from Coshocton County Municipal Court, Case No. TRC 1700462 A
Plaintiff-Appellee RICHARD J. SKELTON.
Defendant-Appellant ROBERT E. WEIR.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant Cody D. Capps appeals the judgement of
conviction entered by the Coshocton Municipal Court,
Coshocton County Ohio, finding appellant guilty of operating
a vehicle under the influence and a violation of lanes of
travel. Plaintiff-Appellee is the State of Ohio.
AND PROCEDURAL HISTORY
2} On February 23, 2017, at approximately 2:00 a.m., the
Coshocton County Sherriff's Department received a report
of a reckless driver in a blue Honda on Route 16. Deputy
Brandon Elson was dispatched to the area and located the
vehicle. He followed the driver for two miles and observed
several lane violations. The last observed violation involved
both passenger side tires crossing completely over the fog
line. Elson thus initiated a traffic stop.
3} Upon approaching the vehicle, Elson made contact with
appellant and noticed he was fidgety, nervous and confused.
Elson further noted appellant was trying to hide something in
the center console. Appellant stated he was going home from
work and had not been drinking.
4} Based on these observations Elson administered field
sobriety tests. On the horizontal gaze nystagmus, appellant
exhibited six of six clues. On the vertical nystagmus
appellant exhibited no clues. Elson also had appellant
preform a one-legged stand and walk and turn. Appellant
exhibited three or four clues on the former and five for the
latter. Elson placed appellant under arrest for driving under
the influence of alcohol or drugs in violation of R.C.
4511.19(A)(1)(a). Appellant was further cited for failure to
drive in marked lanes in violation of R.C. 4511.33(A)(1).
5} Elson obtained appellant's permission to search the
car. He found a rolled up dollar bill with white powder on
it, a prescription bottle containing a few tablets of
Suboxone, which is a brand name for Buprenorphine, an opioid
medication. Two half tablets of Suboxone were found on the
floorboard along with numerous empty blister packs of
Coricidin, an over-the-counter cold remedy.
6} Appellant told Elson he was prescribed Suboxone for opioid
addiction and was to take one and a half pills daily.
Appellant's prescription for 45 tablets had been filled
the week before, yet he only had two tablets remaining.
Appellant further told Elson he would crush the tablets and
put them under his tongue or snort them.
7} Appellant later submitted to a urine screen which was
positive for Buprenorphine.
8} On June 28, 2017, appellant elected to proceed to a trial
to the court. After hearing the evidence, the trial court
found appellant guilty of OVI and failure to travel in marked
lanes. Appellant's sentence included a period of
probation, a fine and a one ...